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Home My WebLink About10-4133Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 i Trancis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 -Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 WELLS FARGO BANK, N.A. 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 RLED-4't' OF THE PRMCNOTAIRY 7010 JUN 21 AM 11: 04 CLWBETI Aj,aD COUNTY PErJivS'1l.VAaVLA ATTORNEY FOR PLAINTIFF 234682 COURT OF COMMON PLEAS CIVIL DIVISION v. Plaintiff TERM GRETCHEN G. SORTZI 3 WEXFORD DRIVE ENOLA, PA 17025-3423 Defendant NO. 16- q133 CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 234682 NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you, and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 File #: 234682 Plaintiff is WELLS FARGO BANK, N.A. 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 2. The name(s) and last known address(es) of the Defendant(s) are: GRETCHEN G. SORTZI 3 WEXFORD DRIVE ENOLA, PA 17025-3423 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 11/30/2004 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED AS A NOMINEE FOR NBANK, NA which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1889, Page 3922. By Assignment of Mortgage recorded 04/16/2010 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Instrument No. 201009614. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 12/01/2009 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 234682 6 The following amounts are due on the mortgage: Principal Balance $214,362.88 Interest $4,581.41 11/01/2009 through 03/15/2010 (Per Diem $33.77) Attorney's Fees $650.00 Cumulative Late Charges $201.99 11/30/2004 to 03/15/2010 Property Inspections/Property Preservations $30.00 Mortgage Insurance Premium / $299.98 Private Mortgage Insurance Costs of Suit and Title Search 550.00 Subtotal $220,676.26 Escrow Credit 291.50 TOTAL $220,384.76 7 8. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish,that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said I notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. File #: 234682 9. The action does not come under Act 6 of 1974 because the original mortgage amount exceeds the dollar amount provided in the statute. 10. Defendants' application for assistance under Act 91 of 1983 has been rejected by the Pennsylvania Housing Finance Agency. WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $220,384.76, together with interest from 03/15/2010 at the rate of $33.77 per diem to the date of judgment, and other costs, fees, and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ® Courtenay R. Dunn, Esq., Id. No. 206779 ?? Andrew C. Bramblett, Esq., Id. No. 208375 Attorneys for Plaintiff File k: 234682 LEGAL DESCRIPTION ALL THAT CERTAIN lot or tract of land situate in East Pennsboro Township, Cumberland County, Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the southern dedicated right-of-way line of Wexford Drive (50 feet wide) at the dividing line of Lots Nos. 111 and 112; thence by line of Lot No. 111, South 04 degrees 53 minutes 29 seconds East, 100.00 to a point; thence by line of land now or formerly of East Pennsboro Athletic Commission, Inc., South 85 degrees 06 minutes 31 seconds West, 88.69 feet to a point at the dividing line of Lots Nos. 113 and 112; thence by line of Lot No. 113, North 02 degrees 04 minutes 59 seconds, 100.33 feet to a point on the southern right-of-way line of Wexford Drive; thence by said right-of-way line by a curve to the left having a radius of 175.00 feet and an arc length of 8.58 feet to a point; thence by same, North 85 degrees 06 minutes 31 seconds East, 75.20 feet to a point at the dividing line of Lots Nos. 111 and 112, the place of BEGINNING. BEING Lot No. 112 on Final Subdivision Plan for Logans Run, Phase IV, recorded in Plan Book 83, Page 27. BEING the same premises which Charter Homes Building Company, a Pennsylvania Corporation, Record Owner and Village Home Builders, Inc., a Pennsylvania Corporation, Equitable Owner, by their Deed dated July 25, 2002 and recorded July 26, 2002, in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Record Book 252, Page 4343, granted and conveyed unto Frederick D. Weis and Hydee L. Weis, husband and wife, the Grantors herein. File #: 234682 UNDER AND SUBJECT to restrictions as set forth in Miscellaneous Book 451, Page 687; and amended in Miscellaneous Book 475, Page 657; and Miscellaneous Book 651, Page 825. ,PROPERTY BEING; 3 WEXFORD DRIVE PARCEL# 09-14-0836-287 File #: 234682 VERIFICATION The undersigned attorney hereby states that I am the attorney for the Plaintiff in this matter, that Plaintiff is outside the jurisdiction of the Court and/or the verification could not be obtained within the time allowed for the filing of the pleading, that I am authorized to make this verification pursuant to Pa.R.C.P. 1024 (c), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of my knowledge, information and belief. Furthermore, counsel intends to substitute a verification from Plaintiff upon receipt. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. Sec. 4904 relating to unsworn falsifications to authorities. tto ney for Plaintiff DATE: File #: 234682 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor Y14..FU F ~ if. ~. ~~titt,;`• of ~rttrr~~r(1 ;~~ ~~"G C f.:,... ~~ 2~1~ ~~~ "~`~ ~'~~ g: r 2 ~~'~~~~~ Wells Fargo Bank, NA vs. Case Number Gretchen G. Sortzi 2010-4133 SHERIFF'S RETURN OF SERVICE 06/23/2010 05:08 PM -Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on June 23, 2010 at 1708 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Gretchen G. Sortzi, by making known unto herself personally, at 3 Wexford Drive, Enola, Cumberland County, Pennsylvania 17025 its contents and at the same time handing to her personally the said true and correct copy of the same. OAH CLINE, DEPUTY SHERIFF COST: $41.50 June 24, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF (rj CourtySultc Shentf_ Te!ec~otT. Irc. ~• F'l 4~-~,,rrl~:'i ~~ TAY ,i i ~~_ 2010 Wit?! -2 ~~~ 3: SZ ~~~ ~v~ ~'LV~h~L Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 WELLS FARGO BANK, N.A. Plaintiff vs. ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION NO. 10-4133 GRETCHEN G. SORTZI CUMBERLAND COUNTY Defendant(s) PRAECIPE TO SUBSTITUTE VERIFICATION TO CIVIL ACTION COMPLAINT IN MORTGAGE FORECLOSURE TO THE PROTHONOTARY: PHS #: 234682 GRETCHEN G. SORTZI 3 WEXFORD ROAD ENOLA, PA 17025-3423 Phelan Hallinan & Schmieg, LLP Attorney for ~l~firyt~'ff , By: ^ Lawr ce .Phelan, s ., Id. No. 32227 ^ Fran is S. allinan sq., Id. No. 62695 ^ Daniel G. ,Esq., Id. No. 62205 ^ Michele M. Bradford, Esq., Id. No. 69849 ^ Judith T. Romano, Esq., Id. No. 58745 ^ Sheetal R. Shah-Jani, Esq., Id. No. 81760 ^ Jenine R. Davey, Esq., Id. No. 87077 ^ Lauren R. Tabas, Esq., Id. No. 93337 ^ Vivek Srivastava, Esq., Id. No. 202331 ^ Jay B. Jones, Esq., Id. No. 86657 ^ Peter J. Mulcahy, Esq., Id. No. 61791 ^ Andrew L. Spivack, Esq., Id. No. 84439 ^ Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 ^ Courtenay R. Dunn, Esq., Id. No. 206779 ^ Andrew C. Bramblett, Esq., Id. No. 208375 Date: 6-30-10 PHS #: 234682 VERIFICATION Anne Neely ,hereby states that he/she is V.P. Loan Documentation Of WELLS FARGO HOME MORTGAGE, INC., servicing agent for Plaintiff in this matter, WELLS FARGO BANK, N.A., that he/she is authorized to take this Verification, and verify that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his/her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. DATE: 6/21/10 File #: 234682 Name: An Neely Title: V.P. Loan Documentation Servicer: WELLS FARGO HOME MORTGAGE, INC. Name: SORTZI Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 3udith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 WELLS FARGO BANK, N.A. Plaintiff vs. GRETCHEN G. SORTZI Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION NO. 10-4133 CUMBERLAND COUNTY CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of Plaintiffls Praecipe to attach Verification of Complaint was sent via first class mail to the following on the date listed below: PHS #: 234682 Kindly substitute the attached verification for the verification originally filed with the complaint in the instant matter. Phelan Hallinan & Schmieg, LLP Attorney for Pla~~ty'f~ . By: ^ Lawren . Phelan, E q., Id. No. 32227 ^ Franci S. allinan, q., Id. No. 62695 ^ Daniel G. Sc ,Esq., Id. No. 62205 ^ Michele M. Bradford, Esq., Id. No. 69849 ^ Judith T. Romano, Esq., Id. No. 58745 ^ Sheetal R. Shah-Jani, Esq., Id. No. 81760 ^ Jenine R. Davey, Esq., Id. No. 87077 ^ Lauren R. Tabas, Esq., Id. No. 93337 ^ Vivek Srivastava, Esq., Id. No. 202331 ^ Jay B. Jones, Esq., Id. No. 86657 ^ Peter J. Mulcahy, Esq., Id. No. 61791 ^ Andrew L. Spivack, Esq., Id. No. 84439 ^ Jaime McGuinness, Esq., Id. No. 90134 ^ Chrisovalante P. Fliakos, Esq., Id. No. 94620 [l~Joshua I. Goldman, Esq., Id. No. 205047 ^ Courtenay R. Dunn, Esq., Id. No. 206779 ^ Andrew C. Bramblett, Esq., Id. No. 208375 Date: 6-30-10 PHS #: 234682 r ~ WELLS FARGO BANK, N.A. IN THE COURT OF COMMON PLEAS OF 3476 Stateview Boulevard CUMBERLAND COUNTY, PENNSYLVANIA Fort Mill, SC 29715 : v Docket No.: 4133-2010 GRETCHEN G. SORTZI CIVIL ACTION -LAW NOTICE TO PLEAD c-~ ~ r~ ~: _ O ~'T TO: Wells Fargo Bank, N.A. ,.i ~. - - 4~ _~ i,....~ ~~~:~ c/o Courtney R. Dunn, Esquire - ,,,,, ~-_,;-,-; Phelan Hallinan & Schmieg, LLP ~' ~ `~' 1617 JFK Boulevazd, Suite 1400 `~ t~ ~ ~=` - One Penn Center Plaza. ' ._ «; ~,= Philadelphia, Pennsylvania 19103 4 ~ ~' ~' ~ ~ = You aze hereby notified to file a written response to the enclosed Preliminary Objections within twenty (20) days from service hereof or a judgment may be entered against you. Respectfully Submitted, Rominger & Associates Date: ~ / Karl E. Rominger, Esquire 155 South Hanover Street Cazlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Gretchen G. Sortzi WELLS FARGO BANK, N.A. 3476 Stateview Boulevard Fort Mill, SC 2.9715 v. GRETCHEN G. SORTZI IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Docket No.: 4133-2010 CIVIL ACTION -LAW PRELIMINARY OBJECTIONS AND NOW, comes Gretchen G. Sortzi, by and through her counsel, Karl E. Rominger, Esquire and in support of her Preliminary Objections, avers as follows: 1. The complaint filed in this matter lacks as written sufficient facts to grant this Court subject matter jurisdiction. 2. The averments therein fail to state when the ACT 91 Letter was sent, nd no copy of the letter is attached to the complaint. WHEREFORE Defendant requests the complaint be dismissed. Date: Respectfully Submitted, Rominger & Associates ~'` KarLE: Rominger, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court ID# 81924 Attorney for Gretchen 5ortzi WELLS FARGO BANK,. N.A. IN THE COURT OF COMMON PLEAS OF 3476 Stateview Boulevard CUMBERLAND COUNTY, PENNSYLVANIA Fort Mill, SC 29715 v• Docket No.: 4133-2010 GRETCHEN G. SORTZI CIVIL ACTION -LAW CERTIFICATE OF SERVICE I, Kazl E. Rominger, Esquire, certify that I this day served a copy of the within Preliminary Objections upon the following by depositing the same in the United States Mail, postage pre-paid, via first class mail, at Cazlisle, Pennsylvania, addressed as follows: Courtney R. Dunn, Esquire Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevazd, Suite 1400 One Penn Center Plaza Philadelphia, Pennsylvania 19103 Date: t Respectfully Submitted, Rominger & Associates ~~ ~~\ _ Kaz1 E. Rominger, Esquire 155 South Hanover Street Cazlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Gretchen G. Sortzi _ Ti PHELAN HALLINAN & SCHMIEG, LLP BY: Joseph P. Schalk, Esquire Identification No.: 91656 126 Locust Street Harrisburg, PA 17101 (215) 563-7000 Wells Fargo Bank, N.A. 3476 Stateview Boulevard Fort Mill, SC 29715 V. Gretchen G. Sortzi 3 Wexford Drive Enola, PA 17025-3423 Sao Rtc,?- a PAZ A:,?v Attorney for Plaintiff Court of Common Pleas Cumberland County Civil Division No. 2010-4133 PLAINTIFF'S RESPONSE TO DEFENDANT'S PRELIMINARY OBJECTIONS And now comes Plaintiff, Wells Fargo Bank, N.A., by its attorney, Joseph P. Schalk, Esquire, hereby files the within Response to Preliminary Objections of Defendant, Gretchen G. Sortzi, and in support thereof states as follows: 1. Denied. The averment in paragraph 1 contains a conclusion of law to which no response is necessary. To the extent that a response is required, it is specifically denied that this Court lacks subject matter jurisdiction over this case. Strict proof to the contrary is demanded. 2. Denied. It is specifically denied that Plaintiff failed to serve the Defendant with an Act 91 Letter. Plaintiff served the Defendant with an Act 91 Letter on or about February 7, 2010. Subsequently, Defendant applied for and received consideration for HEMAP assistance through the 234682 Pennsylvania Housing Finance Agency. Defendant's application was considered and eventually denied by PHFA, and thus Plaintiff proceeded with its Complaint in Mortgage Foreclosure. For the Defendant to allege that Plaintiff failed to comply with the provisions of Act 91, is disingenuous. A copy of the Act 91 Letter is attached hereto, incorporated herein and marked as Exhibit "A". A copy of the PHFA Decision Letter is attached hereto, incorporated herein and marked as Exhibit "B". WHEREFORE, Plaintiff respectfully requests that the Court overrule the Defendant's Preliminary Objections and direct the Defendant to file an Answer to Plaintiffs Complaint. Respectfully submitted, PHELAN HALLINAN & SCHMIEG, LLP Date: LA 234682 PHELAN HALLINAN & SCHMIEG, LLP BY: Joseph P. Schalk, Esquire Identification No.: 91656 126 Locust Street Harrisburg, PA 17101 (215)563-7000 Wells Fargo Bank, N.A. 3476 Stateview Boulevard Fort Mill, SC 29715 V. Gretchen G. Sortzi 3 Wexford Drive Enola, PA 17025-3423 Attorney for Plaintiff Court of Common Pleas Cumberland County Civil Division No. 2010-4133 PLAINTIFF'S BRIEF IN SUPPORT OF ITS RESPONSE TO DEFENDANT'S PRELIMINARY OBJECTIONS 1. INTRODUCTION Plaintiff has filed a Mortgage Foreclosure Complaint because Defendant is/are in default under the mortgage. In response, Defendant has filed frivolous Preliminary Objections merely to delay the foreclosure action. II. Plaintiffs action in mortgage foreclosure is based upon an action at law to foreclose a mortgage, not to enforce a personal liability. Pa.R.C.P. 1141. Rule 1147 of the Pennsylvania Rules of Civil Procedure sets forth the averments that are required to be plead in a mortgage foreclosure 234682 complaint. The Rule provides: The Plaintiff shall set forth in the complaint: The parties to and the date of the mortgage, and of any assignments, and a statement of the place of record of the mortgage and assignments; 2. A description of the land subject to the mortgage; 3. The name, address(es) and interest of the Defendant in the action and that the present real owner is unknown if he is not made a party; 4. Specific averment of default; 5. An itemized statement of the amount due; and 6. A demand for judgment for the amount due. Instantly, Plaintiffs Complaint comports with the aforesaid requirements. Paragraph 2 states the name, address(es) and interest of the Defendant. Paragraph 3 recites the execution of the Mortgage, including the date that the Mortgage was made, and also sets forth the date of the Assignment (if any) along with the information concerning the recording of the Mortgage and Assignment. Paragraph 4 refers to the legal description of the land. Paragraph 5 states that the mortgage is in default. Paragraph 6 provides a breakdown of the amount due on the mortgage. The Wherefore Clause sets forth Plaintiffs demand for judgment. Accordingly, Plaintiffs Complaint complies with the pleading requirements as set forth in Pennsylvania Rules of Civil Procedure. III. PLAINTIFF HAS COMPLIED WITH ACT 91 OF 1983 Act 91 of 1983 requires that notice be sent by the mortgagee to the delinquent mortgagor by first class mail addressed to her last known address. 35 P.S. section 1680.401c(a). The statute specifically provides that notice pursuant to the statute shall be deemed received on the third business day following the date of the mailing of same. 35 P.S. section 1680.401c(e). Act 91 of 1983 is known as the Homeowner's Emergency Mortgage Assistance Act of 1983. As required by the Act, the Notice provided a specific breakdown of the amount owed. The Notice 234682 also included a list of consumer credit counseling agencies, which clearly states the names, addresses and telephone numbers of designated consumer credit agencies which Defendant could contact to discuss the default. The Defendant was informed that she was entitled to a temporary stay of the foreclosure if, within thirty (30) days of the date of the notice, she arranged and attend(ed) a face-to-face meeting with a representative of the lender or with a designated consumer credit counseling agency. This thirty (30) day deadline is referenced again throughout the Notice, and the relevant time constraint is emphasized by underlining. It is in this context that the mortgagor was/were urged to file an application promptly. Plaintiff submits the notice plainly set forth Defendant's default and the availability of emergency mortgage assistance from the Pennsylvania Housing Finance Agency. Accordingly, Plaintiff submits it has appropriately complied with Act 91 of 1983. IV. CONCLUSION For the reasons set forth herein, the Preliminary Objections are meritless and have been interposed for the purpose of delay only. Plaintiff respectfully requests that this Honorable Court enter an Order overruling Defendant's Preliminary Objections and directing Defendant to file an Answer to Plaintiffs Complaint within twenty (20) days of the Court's Order. WHEREFORE, Plaintiff respectfully requests that the Court overrule Defendant's Preliminary Objections and direct the Defendant to file an Answer to Plaintiffs Complaint. Date: ro ) W -&H 234682 Respectfully submitted, PHELAN HALLINAN & SCHNIIEG, LLP EXHIBIT A Wells Fargo Home Mortgage P.O. Boa 9039 Temecula, Ca 92589-9039 1zecmiAddreaaonly 2230625924 Do wt send paymerts to dis address 02/07/2010 2181&fM@ACT91/PA ILIIoJ11oIIloIlEE16?uIIII?JII?ILdIdLLl6ldlld?l,lldll??l ORETC M G SORTLI 3 WEXFORD DRIVE ENOLA, PA 17025-3423 RE: Wells Fargo Horne Mortgage Loan Numbt?? Mortgagor(s): GRETCHE N G SORTZd Mortgaged Premises: 3 WEXFORD DRIVE ENOLA, PA 17025 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FO"Xu%ECLOSURE This is sn AM Notice that for rtgaee an vonr home is in dell dL aW the lender Intends to foreclose luter natiou aboat file nature of the default is provided in the attached ewes. The HOMEOWN>: j EV RC=>LNCY MORTGAGE ASUSTANCE PROG BA M MUM may be able to help save vow home. Tots Notice explains how the prom m works. To at =a gig hehL yon MW MEET WITH A CONSLBR CJtMT COL?NU -ING AGENCY WITHIN 33 DAYS OF TIDE DATE OF THIS NOTICE. Take M Notice with von when you out with the Cooleltoa Aeency. This Notice contains important legal information. N you have any questions, representatives at the Consamer Credit Conmeling Agency may be able to help explain it. You may also want to contact an attorney in your area The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA R"ORTANCIA, PUSS AF .CTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. St NO COMPRENDE EL CONTENIDO DE ESTA NOTWICACION 21815.708ACT91.PA.0 ELEGIBLE PARA UN PRESTAMO POR EL PROGAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S): GRETCHEN G SORTZI PROPERTY ADDRESS: 3 WEXFORD DRIVE ENOLA, PA 17025- LOAN ACCT. NO.: ORIGINAL LENDER: CURRENT LENDER/SERVICER: WELLS FARGO BANK, N.A. HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FMIO '* M*1QR AND HELP YOU MAKE FLT!URF MORTGAGE E&Uff&M IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT'), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: ¦ IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, ¦ IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND ¦ IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TIMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice (plus three (3) days for mailing). During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THIRTY-THREE (33) RUS OF THE DATE OF THIS NOTICE. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE YOU MUST BRING YOUR MORTGAGE UP TO DATE THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORD AWE DEFAULT" EXP LAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agencies listed at the end of this Notice, the lender may NOT take action against you for thirty (30) days afar the date of this meeting. The names, addresses and telephone numbers of deshmatcd consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of you intentions. APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default). You have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. To temporarily stop the lender from filing a foreclosure action, your application MUST be forwarded to PHFA and received within thirty (30) days of your face-to-face meeting with the counseling agency. YOU SHOULD FILE A HEMAP APPLICATION AS SOON AS POSSIBLE. IF YOU HAVE A MEETING WITH A COUNSELING AGENCY WITHIN THIRTY-THREE (33) DAYS THE POSTMARK DATE OF THIS NOTICE 21815.708.ACf 91.PA.0 PROPERTY, AS EXPLAINED ABOVE, IN THE SECTION CALLED "TEMPORARY STAY OF FORECLOSURE". YOU HAVE THE RIGHT TO FILE A HEMAP APPLICATION EVEN BEYOND TRIM TIME PERIODS. A LATE APPLICATION WILL NOT PREVENT THE LENDER FROM STARTING A FORECLOSURE ACTION, BUT IF YOUR APPLICATION IS EVENTUALLY APPROVED AT ANY TIME BEFORE A SHERRIFF'S SALE, THE FORECLOSURE WILL BE STOPPED. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requiremcnts set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have Sled bankruptcy you can still apply for Emergency Mortgage Assistance.) NAIUM OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at: 3 WEXFORD DRIVE ENOI A, PA 17025 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: December 2009 - February 2010 $ $5,525.84 Other charges (explain/itemize): Late charges $ $134.66 Expense Balance (may include NSF, and/or property inspections, and/or preservation, attorney fees and/or costs and/or appraisal /BPO fees) $ $15.00 Unapplied Funds -$ $0.00 TOTAL AMOUNT PAST DUE: $ $5,675.50 B. YOU HAVE FARM TO TAKE THE FOLLOWING ACTION HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $5.675.50 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Pavmcnts must be made either by cash, cashier's check, certified check, or money order made oayable and sent to, WELLS FARGO HOME MORTGAGE 1 HOME CAMPUS X2302-04A DES MOINES, IA 50328 21815.708.ACP9I.PA.0 IF YOU DO NOT CUR THE DEFAUU - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lewler inkuds to exercise its : a to accelerate the morkme debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon Your mortgaged property. IF THE MORTGAGE IQ_FO11 QA= UPON - The mortgaged property will be sold by the Shcriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to 550.00. However, if legal proceedings arc started against you, you will have to pay all reasonable attorneys' fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period. you will not be moulted to gn attorney's fees. OTHER LENDER REMWEES - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIF'F'S SAGE - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's Sale You may do so by oa*gthe total amount then oast due plus any late or other charges then due reasonable attorney's fees and costs corrected with the foreclosure We and any other costs connected with the ShcdWs Sale as spoeified in writing by the lender and by nerformingany other rcoents under the mortgage. Coring your default in the manner set forth in this notice will restore your mortgage to the same position as N you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such Sheriff's Sale of the mortgaged property could be held would be approadmately six (6) months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: Address: Phone Number: Fax Number. Contact Person: Email: Wells Fargo Home Mortgage 3480 Stateview Boulevard Fort Mill, SC 29715 1488-937-6505 x 56035 1-866-494-8619 Gwendolyn Nesbit HousingAssistance@vrelWargo.coon BUT= OF SHERIFF'S SALE - You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You .X may or _ may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges, and attorney's fi= and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. 21815.708.ACT9I .PA.0 • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAYOFF THE MORTGAGE DEBTOR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. • TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. • TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE (3) TIMES IN ANY CALENDAR YEAR.) • TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. • TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. • TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. 21815.70BACT91.PA0 ShKVINU YUUK UOUN I Y CUMBERLAND County Adams Cody Interfaith Houid" Authority 40 E High Street Gettysburg, PA 17325 717.334.1518 CCCS of Western PA 2000 Linglestown Road Harrisburg, PA 17102 888.511.2227 Caoatnmilty Action Communion of CB Aial 1514 Dory Street Harrisburg, PA 17104 717.232.9757 LovesMA Inc. 2320 North 5th Street Harrisburg, PA 17110 717.232.2207 Maranatha 43 Philadelphia Avenue Wa esboro, PA 17268 717.762.3285 PHFA 211 North Front Street Harrisbur& PA 17110 717.780.3940 800.342.2397 The Pennsylvania Housing Finance Agency can be reached TOLL FREE at 1(800) 342-2397. 21815.708.ACT91PA.0 EXHIBIT B HEMAP Application Search Page 1 of 1 PHFA. HEMAP Application Search Julia Myers 2010.05.10 Law Firm - Phelan. Halkon & Schmla0 Last Log In: 7/17/2010 8:18:34 AM Applicant IntormMlon Borrowers Gretchen Sortzi Address 3 Wexford Dr Ercla, PA 17025-3423 Cum ent.4tatns Act 91 Nofts Date 21712010 Counseling Agency Meeting Date 3/1/2010 Det® AWR Won Received by PHFA 3/28/2010 Appication Status Denied Application Statue Date 4/26/2010 V a https://attomeys.phfa.org/14EMAPapp_print.aspx 7/17/2010 VERIFICATION Joseph P. Schalk, Esquire hereby states that he is the attorney for the Plaintiff in this action, that he is authorized to make this Verification, and that the statements made in the foregoing Response to Preliminary Objections are true and correct to the best of his knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa.C.S. Sec. 4904 relating to unworn falsification to authorities. PHELAN HALLINAN & SCHMIEG, LLP DATE: /10% Go By: Jo h Schalk, Esquire A e or Plaintiff 126 ust Street H 'sburiz, PA 17101 5)563-7000 234682 PHELAN HALLINAN & SCHMIEG, LLP BY: Joseph P. Schalk, Esquire Identification No.: 91656 126 Locust Street Harrisburg, PA 17101 Attorney for Plaintiff L215) 563-7000 Court of Common Pleas Wells Fargo Bank, N.A. 3476 Stateview Boulevard Fort Mill, SC 29715 Cumberland County V. Civil Division Gretchen G. Sortzi 3 Wexford Drive No. 2010-4133 Enola, PA 17025-3423 CERTIFICATE OF SERVICE I hereby certify that a copy of the Plaintiffs Response to Defendant's Preliminary Objections, Brief and attached documents were served upon counsel for the Defendant by first class mail, postage prepaid, at the address and on the date listed below: Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 DATE: S In 234682 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Court of Common Pleas Wells Fargo Bank, N.A. 3476 Stateview Boulevard Fort Mill, SC 29715 v. Gretchen G. Sortzi 3 Wexford Drive Enola, PA 17025-3423 AND NOW, this Cumberland County Civil Division No. 2010-4133 ORDER day of , 2010, upon consideration of the Preliminary Objections of Defendant, Gretchen G. Sortzi and Plaintiffs Response thereto, it is hereby ORDERED and DECREED that the said Preliminary Objections are overruled. Defendant has/have a period of twenty (20) days from the date of this Order within which to file an Answer to the Complaint. BY THE COURT: J. 234682 S i ti PA, ( PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argument Court. --------------------------------------------------------------------------------------- ----- t---r- Wells Fargo Bank, N.A. (Plaintiff) I VS. - Gretchen G. Sortzi° (Defendant) No. 10 Civil Term 4133 1. State matter to be argued (i.e., plaintiff's motion for new trial, defendant's demurrer to complaint, etc.): Defendant's Preliminary Objections 2. Identify counsel who will argue case: (a) for plaintiff- Joseph P. Schalk, Esquire Address: Phelan Hallinan & Schmieg, LLP 126 Locust Street Harrisburg, PA 17101 (b) for defendant: Karl E. Rominger, Esquire Address: 155 South Hanover Street Carlisle, PA 17013 ^1 J'. 4 1 M?iii notify ali partiesin FY4ti ltillgw1th11t VYV days that311J case has beer fisted fb, argument. Argument Court Date: December 15, 2010 Date: I S r23q P . w PHELAN HALLINAN & ,;iCHMI EG, LLP By: Joseph P. Schalk, Esquire Identification No. 91656 126 Locust Street Harrisburg, PA 17104 (215) 563-7000 Wells Fargo Bank, N.A. 3476 Stateview Boulevard Fort Mill, SC 29715 Plaintiff VS. Gretchen G. Sortzi 3 Wexford Drive Enola, PA 17025-3423 Defendant Attorney for Plaintiff : Court of Common Pleas : Civil Division : Cumberland County : No. 10-4133 CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Praecipe to List for Argument; and Certification of Service were sent via first class mail to the persons on the date listed below: Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 Date: _ ( *Attoev chalk, Esquire r Pla intiff Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF Wells Fargo Bank NA CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW Gretchen G. Sortzi : No. 2010-4133 CIVIL TERM C a C: : -0a C= a md --q o C) ORDER OF COURT n? m. a o? IN RE: ARGUMENT COURT ?O 2??C O z-- C -- f N D ..i ;0 AND NOW, this 9?h day of December, 2010, the case listed above has been stricken from the 12/15/2010 Argument Court List due to the listing party's failure to file a brief in accordance with Cumberland County Local Rule 1028 (c) (5). By the Court, WELLS FARGO BANK, N.A. IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW NO. 10-4133 CIVIL GRETCHEN G. SORTZI, =a r, ' Defendant IN RE: PRELIMINARY OBJECTIONS OF DEFENDANT ' SIM BEFORE HESS, P.J. AND MASLAND, J. =. ORDER AND NOW, this x` day of January, 2011, it appearing that the complaint in this case complies with the Pennsylvania Rules of Civil Procedure, the preliminary objections of the defendant are OVERRULED. BY THE COURT, Kevin A/fIess, P. J. 'Joseph P. Schalk, Esquire For the Plaintiff 'Karl E. Rominger, Esquire For the Defendant M,? IeJ OPier 5'11 D Am FILED-OFFICE OF THE PROTHONOTAR'7 2011 JAN 25 PM 2: 32 CUMBERLAND COUNTY PENNSYLVANIA WELLS FARGO BANK, N.A. 3476 Stateview Boulevard Fort Mill, SC 29715 v. GRETCHEN G. SORTZI IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Docket No.: 4133-2010 CIVIL ACTION - LAW ANSWER TO PLAINTIFF'S COMPLAINT IN MORTGAGE FORECLOSURE AND NOW, comes Gretchen G. Sortzi, by and through her counsel, Karl E. Rominger, Esquire and in support of her Answer, avers as follows: 1. Admitted. 2. Admitted. 3. Denied. Strict proof of the same demanded at trial. 4. Denied. Strict proof of the same demanded at trial. 5. Denied. Strict proof of the same demanded at trial. 6. Denied. Strict proof of the same demanded at trial. 7. Denied. Strict proof of the same demanded at trial. 8. Denied. Strict proof of the same demanded at trial. 9. Denied. Strict proof of the same demanded at trial. 10. Denied. Strict proof of the same demanded at trial. NEW MATTER 11. Previous paragraphs are incorporated by reference. 12. Plaintiff is not proper party to bring this action as there is no privity. WHEREFORE, Defendant requests judgment in her favor and against Plaintiff. Respectfully Submitted, Rominger & Associates Date: January 25, 2011 YvadE. Rominger, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court ID# 81924 Attorney for Gretchen Sortzi WELLS FARGO BANK, N.A. IN THE COURT OF COMMON PLEAS OF 3476 Slateview Boulevard CUMBERLAND COUNTY, PENNSYLVANIA Fort Mill, SC 29715 V. Docket No.: 4133-2010 GRETCHEN G. SORTZI CIVIL ACTION - LAW CERTIFICATE OF SERVICE I, Karl E. Rominger, Esquire, certify that I this day served a copy of the within Answer to Complaint in Mortgage Foreclosure upon the following by depositing the same in the United States Mail, postage pre-paid, via first class mail, at Carlisle, Pennsylvania, addressed as follows: Joseph P. Schalk, Esquire Phelan Hallinan & Schmieg, LLP 126 Locust Street Harrisburg, Pennsylvania 17101 Date: January 25, 2011 Respectfully Submitted, Rominger & Associates g r, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court ID# 81924 Attorney for Gretchen Sortzi "-?2 Karl omin e FILEJ •CFFILE ?!E P1 -0TH 0 N0TAR", KI I FEB 14 PIS 3: 24 CUMBERLAND COUNT`` PENNSYLVANIA PHELAN HALLINAN & SCHMIEG, LLP BY: Joseph P. Schalk, Esquire Identification No.: 91656 126 Locust Street Harrisburg, PA 17101 (215) 563-7000 Wells Fargo Bank, N.A. Plaintiff VS. Gretchen G. Sortzi Defendant Attorney for Plaintiff COURT OF COMMON PLEAS Cumberland County CIVIL DIVISION No. 10-4133 PLAINTIFF'S REPLY TO DEFENDANT'S NEW MATTER Plaintiff, Wells Fargo Bank, N.A., by its attorney, Joseph P. Schalk, Esquire, hereby files the within Reply to New Matter of Defendant Gretchen G. Sortzi and and states as follows: 11. Plaintiff incorporates herein by reference the averments of paragraphs one (1) through ten (10) of its Complaint as if set forth herein at length. 12. Denied. The averment contained in paragraph twelve (12) is a conclusion of law to which no response is necessary. To the extent that a response is required, Plaintiff has standing to bring forth this Complaint in Mortgage Foreclosure by virtue of an Assignment of Mortgage to Plaintiff which was filed and recorded with the Recorder of Deeds for Cumberland County on April 16, 2010 at Instrument 234682 Number 201009614. A copy of the recorded Assignment is attached hereto, incorporated herein and marked as Exhibit "A". WHEREFORE, Plaintiff respectfully requests that the Court enter judgment in its favor and against Defendant as requested in Plaintiffs Complaint. Respectfully submitted, PHELAN HALLINAN & SCHMIEG, LLP Date: Schalk, Esquire 'or Plaintiff 234682 EXHIBIT A 9GR ?- ASSIGNMENT OF MORTGAGE KNOW ALL MEN BY THESE PRESENTS that "Mortgage Electronic Registration Systems, Inc." hereinafter "Assignor" the holder of the Mortgage hereinafter mentioned, for and in consideration of the sum of ONE DOLLAR ($1.00) lawful money unto I in hand paid by WELLS FARGO BANK, N .A., "Assignee," the receipt whereof is acknowledged, has granted, bargained, sold, assigned, transferred and set over unto the said Assignee, its successors and assigns, ALL THAT CERTAIN indenture of Nbrtgago given and executed by GRETCHEN G. SORTZI to MORTGAGE ELECTRONIC REGIS'T'RATION SYSTEMS, INCORPORATED AS A NOMINEE FOR NBANK, NA, bearing the deft 111302004, in the amount of $230,750.00, together with the Note and indebtedness therein mentioned, said Mortgage being recorded on 12.012004 in the County of CUMBERLAND, Commonwealth of Pennsylvania, in Mortgage Book 1889 Page 3922, MIN: 100099012560194808. ,PC% Being Known as Premises: 3 WEXFORD MM, ENOLA, PA 17025-3423 Parcel No: 09-14-0836-287 1111111111111 00005H The transfer of the mortgage and accompanying rights was effective at the time the ban was sold and consideration passea in wo Assignor. This assignnient is solely intended to describe the instrument sold in a manner sufficient to put third parties on public notice of what has been sold. Also the Bond or Obligation in the said Indenture of Mortgage recited, and all Moneys, Principal and Interest, due and to grow due thereon, with the Warrant of Attorney to the said Obligation annexed. Together with all Rights, Remedies and incidents thereunto belonging. And all its Right, Title, Interest, Property, Claim and Demand, in and to the same: TO HAVE, HOLD, RECEIVE AND TAKE, all and singular the hereditamernts and premises granted and assigned, or mentioned and intended so 1D be, with the appurtenances unto Assignee, its successors and assigns, to and for its only proper use, benefit and bdmf forever, subject, nevertheless, to the equity of redemption of said Mortgagor in the said Indenture of Mortgage named, and hishnedtheir heirs and assigns therein. IN WITNESS WHEREOF, the said "Assignor" has caused its Corporate Seal to be herein affixed and these presents to be duly executed by its proper officers this 30te day of Marcb, 2010. Mortgage Electronic RegistratAi n Systems, Inc. By: '?Vice Sealed and Delivered Judit h T. Ro , Assis ein the presence of us; State of Pennsylvania ss. County of Philadelphia on this 3& day of March, 2010. before me, the subscriber, personally appeared Judith T. Romano, who acknowledged herself to be the Assistant Secretary and Vice President of Mortgage Electronic Registration Systems, Inc., and that she, as such Assistant Secretary and Vice President, being authorized to do so, executed the foregoing instrunerit for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seat COMMONWEAI:rhi OF PENNSYLVANIA NOTARIAL SEAL EUGENE JASKIEWICZ, Notary Public City of PMadelphia, Phk CounStamp/Seal: Notary public mission Expires Au ust 13,1012 The precise address of the within named After recording return to: Assignee is: Phelan Hallinan & Schmieg, LIB 3476 STATEVIEW BOULEVARD 1617 JFK Boulevard, Suite 1400 March 29, 2010 F MILL, SC 29715 One Penn Center Plaza n By Philadelphia, PA 19103 or Assigee) ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE, PA 17013 717.240-6370 Instrument Number - 201009614 Recorded On 4/16/2010 At 11:32:56 AM * Instrument Type - ASSIGNMENT OF MORTGAGE Invoice Number - 64021 User ED - MSW * Mortgagor - SORTZI, GRETCHEN G. * Mortgagee - WELLS FARGO BK N A * Customer - JAM TRANSFERS INC * FEES STATE MIT TAX $0.50 STATE JCS/ACCESS TO $23.50 JUSTICE RECORDING FEES - $11.50 RECORDER OF DEEDS PARCEL CERTIFICATION $10.00 FEES COUNTY ARCHIVES FEE $2.00 ROD ARCHIVES FEE $3.00 TOTAL PAID $50.50 * Total Pages - 3 Certification Page DO NOT DETACH This page is now part of this legal document. I Certify this to be recorded in Cumberland County. PA RECORDER OF II AD * - Information denoted by an asterisk may change during the verification process and may not be reflected on this page. 00005H VERIFICATION Joseph P. Schalk, Esquire, hereby states that he is the attorney for the Plaintiff in this action, that he is authorized to make this verification, and that the statements made in the foregoing Reply to New Matter are true and correct to the best of his knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsifications to authorities. PHELAN HALLINAN & SCHMIEG, LLP Date: Z W vu BY: *JUJ Josep chalk, Esquire Atto v for Plaintiff Icust Street urg, PA 17101 563-7000 234682 PHELAN HALLINAN & SCHMIEG, LLP BY: Joseph P. Schalk, Esquire Identification No.: 91656 126 Locust Street Harrisburg, PA 17101 (215) 563-7000 Wells Fargo Bank, N.A. Plaintiff VS. Gretchen G. Sortzi Defendant Attorney for Plaintiff COURT OF COMMON PLEAS Cumberland County CIVIL DIVISION No. 10-4133 CERTIFICATION OF SERVICE I certify that a true and correct copy of Plaintiff's Reply to Defendant's New Matter was sent via first class mail to the person listed below on the date indicated: Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 Date: 14 1 A& 234682